20 March 2026
Beyond Bilateralism
On March 19, 2026, the International Court of Justice (ICJ) rendered a historic, unanimous judgment in Sovereignty over the Sapodilla Cayes/Cayos Zapotillos (Belize v. Honduras) – Application by Guatemala for Permission to Intervene. The ICJ has traditionally been extremely cautious in permitting third-state interventions in cases, but it has now responded to ongoing critiques of that position and has opened up the possibilities for intervention in meaningful ways. In some ways, it may have shifted its approach to intervention toward a more permissive model, similar to that of many constitutional courts. Continue reading >>
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28 March 2024
A Supremely Complex Decision
On March 28, 2024, a majority decision of the Supreme Court of Canada in Dickson v. Vuntut Gwitchin First Nation held that Canada’s constitutional bill of rights, the Canadian Charter of Rights and Freedoms (“the Charter”), applied against an Indigenous government’s residency requirements for election to the government’s Council. However, the majority also held that a section of the Charter that offers some protective effect for Indigenous governments would protect this residency requirement from a challenge under the Charter. The case reaches significant determinations but with some messy splits amongst the seven justices who sat on the case. Continue reading >>
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